Page images
PDF
EPUB

concurred in by two Associate Justices; and if so made, it shall have the effect to vacate and set aside the judgment. Any four justices may, either before or after judgment by a department, order a cause to be heard in bank. If the order be not made within the time above limited, the judgment shall be final; provided, that no judgment by a department shall become final until the expiration of the period of thirty days aforesaid, unless approved by the Chief Justice in writing, with the concurrence of two Associate Justices.

The Chief Justice or any four Justices may convene the Court in bank at any time, and the Chief Justice shall be the presiding Justice of the Court when so convened. The presence of four Justices shall be necessary to transact any business, and the concurrence of four Justices present at the argument shall be necessary to pronounce a judgment in the Court in bank; provided, that if four Justices so present do not concur in a judgment, then all the Justices qualified to sit in the cause shall hear the argument, but to render a judgment a concurrence of four Justices shall be necessary; and every judgment of the Court in bank shall be final, except in cases in which no previous judgment has been rendered in one of the departments, and in such cases the judgment of the Court in bank shall be final, unless within thirty days after such judgment an order be made in writing, signed by five Justices, granting a rehearing.

In case of the absence of the Chief Justice from the place at which the Court in bank is held, or his inability to act, the Associate Justices shall select one of their own number to perform the duties and exercise the powers of the Chief Justice during such absence or inability to act.

The Supreme Court of the State of California has original and appellate jurisdiction. Its original jurisdiction extends-

To the issuance of writs of mandamus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the complete exercise of its appellate jurisdiction.

It has appellate jurisdiction,

1. In all cases in equity except such as arise in Justices' Courts.

2. In all cases at law which involve the title or possession of real estate on the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars.

3. In all cases of forcible entry and detainer, proceedings in insolvency, actions to prevent or abate a nuisance, and in all such probate matters as may be provided by law.

4. In all special proceedings.

5. In all criminal cases prosecuted by indictment, or information, in a Court of record, on questions of law alone.

[merged small][ocr errors]

T 1.

There shall be in each of the organized counties, or cities and counties of the State, a Superior Court, for each of which one Judge, and for some of which two or more Judges shall be elected; provided, that in and for the counties of Yuba and Sutter combined, only one Superior Judge shall be elected, who shall hold the Superior Courts of both said counties, and in accordance with such rules for the dispatch of business in both said counties as he may adopt.

The jurisdiction of the Superior Courts is of two kinds:
1. Original; and
2. Appellate.

[ocr errors][ocr errors][merged small][ocr errors]

The Superior Courts shall have original jurisdiction1. In all cases of equity.

2. In all civil actions in which the subject of litigation is not capable of pecuniary estimation.

3. In all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars.

[ocr errors]
[ocr errors]

4. Of actions of forcible entry and detainer, of proceedings in insolvency, of actions to prevent or abate a nuisance, of all matters of probate, of divorce and for annulment of marriage, and of all such special cases and proceedings as are not otherwise provided for.

5. In all criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for. Said Courts shall have the power of naturalization, and to issue papers therefor. Said Courts and their Judges, or any of them, shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and of habeas corpus, on petition by, or on behalf of any person in actual custody, in their respective counties. Injunctions and writs of prohibition may be issued and serred on legal holidays and non-judicial days.

The Superior Courts shall have appellate jurisdiction in such cases arising in Justices' and other inferior Courts in their respective counties as may be prescribed by law.

Justices' Courts.
The Justices' Courts shall have civil jurisdiction-

1. In actions arising on contract for the recovery
only if the sum claimed, exclusive of interest, does not amount
to three hundred dollars.

2. In actions for damages for injury to the person, or for taking, detaining, or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant, involving the title to or possession of the same, if the damage claimed do not amount to three hundred dollars.

3. In actions to recover the possession of personal property, if the value of such property does not amount to three hundred dollars.

4. In actions for a fine, penalty or forfeiture, not amounting to three hundred dollars, given by a statute, or the ordinance of an incorporated city and county, city, or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll, or municipal fine.

of money 5. In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not amount to three hundred dollars, though the penalty may exceed that sum.

6. To take and enter judgment for the recovery of money on the confession of a defendant, when the amount confessed, exclusive of interest, does not amount to three hundred dollars.

The Justices' Courts shall have concurrent jurisdiction with the Superior Courts within their respective townships:

1. In actions of forcible entry and detainer, where the rental value of the property entered upon or unlawfully detained does not exceed twenty-five dollars per month, and the whole amount of damages claimed does not exceed two hundred dollars.

2. In actions to enforce and foreclose liens on personal property, where neither the amount of the liens nor the value of the property amounts to three hundred dollars.

Except as heretofore provided, the jurisdiction of the Justices' Courts shall not, in any case, trench upon the jurisdiction of the several Courts of record of the State, nor extend to any action or proceeding against ships, vessels, or boats, for the recovery of seamen's wages for a voyage performed in whole or in part without the waters of this State.

The Justices' Courts shall have jurisdiction of the following public offenses committed within the respective counties in which such Courts are established:

1. Petit larceny.

2. Assault or battery not charged to have been committed upon a public officer in the discharge of his duties, or to have been committed with such intent as to render the offense a felony.

3. Breaches of the peace, riots, routs, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding six months, or by both such fine or imprisonment.

CHAPTER II.

TERMS OF COURTS, WHEN AND WHERE HELD.

Supreme Court.

The Supreme Court shall always be open for the transaction of business.

It shall hold regular sessions for the hearing of causes, either in bank or in one or both of its departments, at the capital of the State, commencing on the first Mondays of May and the second Mondays of November. At the city and county of San Francisco, commencing on the second Mondays of January and third Mondays of July; and at the city of Los Angeles, commencing on the first Mondays of April and the second Mondays of October, and special sessions at either of the above-named places at such other times as may be prescribed by the Judges thereof.

Superior Courts. The Superior Courts shall be always open (legal holidays and non-judicial days excepted), and they shall hold their sessions at the county seats of the several counties, or cities and counties, respectively. They shall hold regular sessions, commencing on the first Mondays of January, April, July and October, and special sessions at such other times as may be prescribed by the Judge or Judges thereof; provided, that in the city and county of San Francisco the presiding Judge shall prescribe the times of holding such special sessions.

Justices' Courts.

These Courts may be held at any place selected by the Justice holding the same, in the township or city for which he is elected, and they are always open for the transaction of business.

« PreviousContinue »